State of Illinois
90th General Assembly
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90_HB1443

      415 ILCS 20/3             from Ch. 111 1/2, par. 7053
          Amends the Illinois Solid Waste Management Act to require
      the Department of Central Management  Services  to  implement
      aluminum  can  recycling  programs  in  all  State buildings.
      Effective immediately.
                                                     LRB9004917DPcc
                                               LRB9004917DPcc
 1        AN ACT to amend the Illinois Solid Waste  Management  Act
 2    by changing Section 3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Solid Waste  Management  Act  is
 6    amended by changing Section 3 as follows:
 7        (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
 8        Sec. 3.  State agency materials recycling program.
 9        (a)  All  State  agencies responsible for the maintenance
10    of public lands in the State shall,  to  the  maximum  extent
11    feasible, give due consideration and preference to the use of
12    compost  materials  in  all land maintenance activities which
13    are to be paid with public funds.
14        (b)  The Department of Central  Management  Services,  in
15    coordination  with  the  Department of Commerce and Community
16    Affairs, shall implement waste reduction programs,  including
17    source  separation  and  collection,  for  office wastepaper,
18    corrugated containers, newsprint  and  mixed  paper,  in  all
19    State  buildings  as  appropriate  and  feasible.  Such waste
20    reduction  programs  shall  be  designed  to  achieve   waste
21    reductions  of at least 25% of all such waste by December 31,
22    1995, and at least 50% of all  such  waste  by  December  31,
23    2000.   Any  source  separation  and collection program shall
24    include, at a minimum, procedures for collecting and  storing
25    recyclable   materials,   bins   or  containers  for  storing
26    materials, and contractual or other arrangements with  buyers
27    of  recyclable  materials.   If market conditions so warrant,
28    the   Department   of   Central   Management   Services,   in
29    coordination with the Department of  Commerce  and  Community
30    Affairs,  may  modify  programs  developed  pursuant  to this
31    Section.
                            -2-                LRB9004917DPcc
 1        The Department of Commerce and  Community  Affairs  shall
 2    conduct  waste categorization studies of all State facilities
 3    for calendar years 1991, 1995 and 2000.  Such  studies  shall
 4    be  designed  to  assist the Department of Central Management
 5    Services to achieve the waste reduction goals established  in
 6    this subsection.
 7        (c)  Each  State agency shall, upon consultation with the
 8    Department of Commerce and  Community  Affairs,  periodically
 9    review  its procurement procedures and specifications related
10    to the purchase of products or supplies.  Such procedures and
11    specifications shall be modified as necessary to require  the
12    procuring  agency  to  seek  out  products  and supplies that
13    contain recycled materials,  and  to  ensure  that  purchased
14    products  or  supplies  are  reusable,  durable  or made from
15    recycled  materials  whenever  economically  and  practically
16    feasible.   In  choosing  among  products  or  supplies  that
17    contain recycled material, consideration shall  be  given  to
18    products  and  supplies  with  the  highest recycled material
19    content that is consistent with the effective  and  efficient
20    use of the product or supply.
21        (d)  Wherever  economically and practically feasible, the
22    Department  of  Central  Management  Services  shall  procure
23    recycled paper and paper products as follows:
24             (1)  Beginning July 1, 1989, at  least  10%  of  the
25        total  dollar value of paper and paper products purchased
26        by the Department of Central Management Services shall be
27        recycled paper and paper products.
28             (2)  Beginning July 1, 1992, at  least  25%  of  the
29        total  dollar value of paper and paper products purchased
30        by the Department of Central Management Services shall be
31        recycled paper and paper products.
32             (3)  Beginning July 1, 1996, at  least  40%  of  the
33        total  dollar value of paper and paper products purchased
34        by the Department of Central Management Services shall be
                            -3-                LRB9004917DPcc
 1        recycled paper and paper products.
 2             (4)  Beginning July 1, 2000, at  least  50%  of  the
 3        total  dollar value of paper and paper products purchased
 4        by the Department of Central Management Services shall be
 5        recycled paper and paper products.
 6        (e)  Paper and  paper  products  purchased  from  private
 7    vendors  pursuant  to  printing  contracts are not considered
 8    paper products for the purposes of subsection (d).   However,
 9    the Department of Central Management Services shall report to
10    the  General  Assembly  on  an  annual basis the total dollar
11    value of printing contracts awarded to private sector vendors
12    that included the use of recycled paper.
13        (f)(1)  Wherever economically and  practically  feasible,
14        the  recycled  paper  and  paper  products referred to in
15        subsection (d) shall contain  postconsumer  or  recovered
16        paper  materials  as  specified by paper category in this
17        subsection:
18                  (i)  Recycled high grade printing  and  writing
19             paper  shall  contain  at  least 50% recovered paper
20             material.  Such recovered paper material, until July
21             1, 1994, shall consist of at least 20% deinked stock
22             or postconsumer material;  and   beginning  July  1,
23             1994, shall consist of at least 25% deinked stock or
24             postconsumer  material;  and beginning July 1, 1996,
25             shall consist of  at  least  30%  deinked  stock  or
26             postconsumer  material;  and beginning July 1, 1998,
27             shall consist of  at  least  40%  deinked  stock  or
28             postconsumer  material;  and beginning July 1, 2000,
29             shall consist of  at  least  50%  deinked  stock  or
30             postconsumer material.
31                  (ii)  Recycled  tissue  products, until July 1,
32             1994,  shall  contain  at  least  25%   postconsumer
33             material;  and beginning July 1, 1994, shall contain
34             at least 30% postconsumer  material;  and  beginning
                            -4-                LRB9004917DPcc
 1             July   1,   1996,   shall   contain   at  least  35%
 2             postconsumer material; and beginning July  1,  1998,
 3             shall  contain  at  least 40% postconsumer material;
 4             and beginning July 1, 2000, shall contain  at  least
 5             45% postconsumer material.
 6                  (iii)  Recycled  newsprint, until July 1, 1994,
 7             shall contain at least  40%  postconsumer  material;
 8             and  beginning  July 1, 1994, shall contain at least
 9             50% postconsumer material;  and  beginning  July  1,
10             1996,   shall  contain  at  least  60%  postconsumer
11             material; and beginning July 1, 1998, shall  contain
12             at  least  70%  postconsumer material; and beginning
13             July  1,  2000,   shall   contain   at   least   80%
14             postconsumer material.
15                  (iv)  Recycled unbleached packaging, until July
16             1,  1994,  shall  contain  at least 35% postconsumer
17             material; and beginning July 1, 1994, shall  contain
18             at  least  40%  postconsumer material; and beginning
19             July  1,  1996,   shall   contain   at   least   45%
20             postconsumer  material;  and beginning July 1, 1998,
21             shall contain at least  50%  postconsumer  material;
22             and  beginning  July 1, 2000, shall contain at least
23             55% postconsumer material.
24                  (v)  Recycled paperboard, until July  1,  1994,
25             shall  contain  at  least 80% postconsumer material;
26             and beginning July 1, 1994, shall contain  at  least
27             85%  postconsumer  material;  and  beginning July 1,
28             1996,  shall  contain  at  least  90%   postconsumer
29             material;  and beginning July 1, 1998, shall contain
30             at least 95% postconsumer material.
31             (2)  For the purposes of this Section, "postconsumer
32        material" includes:
33                  (i)  paper, paperboard, and fibrous wastes from
34             retail  stores,  office  buildings,  homes,  and  so
                            -5-                LRB9004917DPcc
 1             forth, after the waste has passed  through  its  end
 2             usage  as a consumer item, including used corrugated
 3             boxes, old newspapers, mixed waste paper, tabulating
 4             cards, and used cordage; and
 5                  (ii)  all paper, paperboard, and fibrous wastes
 6             that are diverted or separated  from  the  municipal
 7             solid waste stream.
 8             (3)  For  the  purposes  of this Section, "recovered
 9        paper material" includes:
10                  (i)  postconsumer material;
11                  (ii)  dry paper and paperboard waste  generated
12             after  completion  of  the papermaking process (that
13             is,  those  manufacturing  operations  up   to   and
14             including  the  cutting  and  trimming  of the paper
15             machine reel into smaller rolls  or  rough  sheets),
16             including  envelope cuttings, bindery trimmings, and
17             other paper  and  paperboard  waste  resulting  from
18             printing,  cutting,  forming,  and  other converting
19             operations,   or   from   bag,   box   and    carton
20             manufacturing,  and  butt  rolls, mill wrappers, and
21             rejected unused stock; and
22                  (iii)  finished  paper  and   paperboard   from
23             obsolete   inventories   of   paper  and  paperboard
24             manufacturers,  merchants,   wholesalers,   dealers,
25             printers, converters, or others.
26        (g)  The  Department  of  Central Management Services may
27    adopt regulations to carry out the provisions and purposes of
28    this Section.
29        (h)  Every  State  agency  shall,  in   its   procurement
30    documents,    specify   that,   whenever   economically   and
31    practically feasible, a product to be procured must  consist,
32    wholly or in part, of recycled materials, or be recyclable or
33    reusable  in  whole  or  in  part.  When applicable, if state
34    guidelines are not already prescribed, State  agencies  shall
                            -6-                LRB9004917DPcc
 1    follow USEPA guidelines for federal procurement.
 2        (i)  All   State   agencies   shall  cooperate  with  the
 3    Department of Central Management  Services  in  carrying  out
 4    this  Section.  The Department of Central Management Services
 5    may enter into cooperative purchasing agreements  with  other
 6    governmental  units  in  order to obtain volume discounts, or
 7    for other reasons in accordance with the  Governmental  Joint
 8    Purchasing  Act,  or in accordance with the Intergovernmental
 9    Cooperation Act if governmental units of other states or  the
10    federal government are involved.
11        (j)  The  Department of Central Management Services shall
12    submit an annual report to the  General  Assembly  concerning
13    its  implementation  of  the  State's collection and recycled
14    paper procurement programs.   This  report  shall  include  a
15    description  of  the  actions  that the Department of Central
16    Management Services has taken in the previous fiscal year  to
17    implement this Section.  This report shall be submitted on or
18    before November 1 of each year.
19        (k)  The  Department  of  Central Management Services, in
20    cooperation  with  all  other  appropriate  departments   and
21    agencies  of the State, shall institute whenever economically
22    and practically feasible the use of re-refined motor  oil  in
23    all  State-owned motor vehicles and the use of remanufactured
24    and retread tires whenever such use is  practical,  beginning
25    no later than July 1, 1992.
26        (l)  The  Illinois  Department  of  Transportation  shall
27    study  the  feasibility of using recycled asphalt, rubberized
28    asphalt,  concrete   and   demolition   materials   in   road
29    construction  projects  undertaken  by  the  Department.   In
30    conducting  the study, the Department of Transportation shall
31    (i) consider development of bid specifications to promote the
32    use of recycled asphalt,  rubberized  asphalt,  concrete  and
33    demolition   materials,   and  (ii)  analyze  the  costs  and
34    availability  thereof.   On  or  before  July  1,  1992,  the
                            -7-                LRB9004917DPcc
 1    Department  shall  submit  a  report  of  its  findings   and
 2    recommendations to the Governor and the General Assembly.
 3        (m)  The  Department  of  Central Management Services, in
 4    coordination with the Department of  Commerce  and  Community
 5    Affairs, shall implement an aluminum can recycling program in
 6    all  State buildings within 180 days of the effective date of
 7    this amendatory Act of 1997. The program  shall  provide  for
 8    (1)  the collection and storage of used aluminum cans in bins
 9    or other appropriate containers made reasonably available  to
10    occupants and visitors of State buildings and (2) the sale of
11    used aluminum cans to buyers of recyclable materials.
12        Proceeds  from  the  sale  of used aluminum cans shall be
13    deposited into  a  separate  account  in  the  State  Surplus
14    Property  Revolving Fund and, subject to appropriation, shall
15    be used by the Department of Central Management Services  and
16    any  other  State  agency to offset the costs of implementing
17    the aluminum can recycling program under this Section.
18    (Source: P.A. 89-445, eff. 2-7-96.)
19        Section 99. Effective date. This Act  takes  effect  upon
20    becoming law.

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